112 results for 'filedAt:"2024-01-12"'.
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00301-CR, Categories: Immigration, Trespass, Equal Protection
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J. Dishman grants the state defendants' dismissal motion in this lawsuit challenging the constitutionality of a state law that requires public schools to separate multiple occupancy restrooms and changing areas "based on a student's biological sex." The plaintiff students fail to "state a claim on which relief can be granted," as the law does not violate the Equal Protection Clause or Title IX. Additionally, the court will deny as moot their request for a preliminary injunction as to the state defendants.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: January 12, 2024, Case #: 5:22cv787, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Axon grants, in part, the county’s motion to dismiss this employment dispute brought by a former employee alleging gender, sex, age and disability discrimination and retaliation. In the former employee’s amended complaint, she did not allege gender or sex discrimination and requested punitive damages. Therefore, the gender or sex discrimination and requested punitive damages are dismissed. All of the remaining motion to dismiss claims are denied and will continue with proceedings.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: January 12, 2024, Case #: 2:23cv62, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: Negligence, Medical Malpractice
J. England partially grants the United States’ motion to exclude a patient’s two expert witnesses in this medical malpractice lawsuit. The patient alleges he had a stroke after doctors failed to administer antibiotics testing positive for enterococcus faecalis before discharging her. One of the experts, a long-time professor, does not meet the requirements because the testimony fails to demonstrate that he has performed basic emergency medicine. The other expert internist and hospitalist has served at several facilities, making him acknowledgeable as an expert; he agrees the standard of care was breached when the patient was sent home instead of being admitted. So the motion to exclude the professor expert is granted and the internist and hospitalist expert is denied. Summary judgment is denied at this stage.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 12, 2024, Case #: 2:21cv576, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Wettre denies an emergency application to obtain documents and deposition testimony in foreign proceedings in which the party holding opinion contracts contends the investment bank wrongfully imposed a margin call on the options. Depositions are not available under English legal procedure, and the holder of the contracts failed to apply to add the employee as a custodian, despite acknowledging it could have done so. Meanwhile, the company already knew what had transpired in the recorded calls with the employee.
Court: USDC New Jersey, Judge: Wettre , Filed On: January 12, 2024, Case #: 2:23cv22795, NOS: Insurance - Contract, Categories: Banking / Lending, Contract
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00295-CR, Categories: Immigration, Trespass, Equal Protection
J. Wilkinson finds the lower court properly applied a sentence enhancement to defendant's assault conviction for causing severe bodily harm. The defendant's sister accused their roommate of sexually assaulting her, leading to the defendant firing a shot near the roommate's foot that sent small shrapnel into the roommate's forehead. The defendant claims the injury suffered was ordinary, but the culmination of the roommate's need to go to an emergency room where he received strong painkillers along with his testimony on the pain, give enough to believe it was serious. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 12, 2024, Case #: 22-4442, Categories: Firearms, Sentencing, Assault
J. Blake affirms the defendant’s convictions for two counts of assault with a dangerous weapon, assault and battery on a police officer and resisting arrest. Even though all of the convictions were based on the same continuous and uninterrupted altercation, that does not mean that the defendant should only be convicted of one count of assault via a dangerous weapon. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 12, 2024, Case #: 22-P-710, Categories: Assault, Weapons, Battery
[Consolidated.] J. Brennan finds that the lower court properly found for the defendant financial services company in a copyright action filed by a client who found out the company was using substantially similar documents for another client's bond offering. The client did not independently draft much of the text in the documents, and the new text it drafted consists entirely of uncopyrightable material. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: January 12, 2024, Case #: 23-1527, Categories: Copyright, Banking / Lending
J. Bress finds that the district court improperly entered summary judgment in favor of a political press in a trademark infringement dispute with an online communication company over the use of the word “Punchbowl” in their marks. The mark is used to identify and distinguish news products. The mark is not immune from a traditional likelihood-of-confusion inquiry. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: January 12, 2024, Case #: 21-55881, Categories: Trademark
J. Zmuda finds the trial court properly denied defendant's motion to limit out-of-court testimony provided by a confidential informant who purchased drugs. Defendant admitted in his own testimony to all of the drug sales mentioned by the informant. Meanwhile, defendant's argument he was a small-time dealer who only sold drugs to feed his own addiction did not require the court to impose concurrent sentences, as the serious nature of his conduct and status as a repeat offender allowed for consecutive sentences, especially considering the court made all required findings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 12, 2024, Case #: 2024-Ohio-115, Categories: Drug Offender, Evidence, Sentencing
J. Schroeder denies an agricultural products firm’s motion to dismiss allegations of antitrust violations brought by the Federal Trade Commission and 12 state governments on behalf of farmers. The commission and states claim that the firm excludes generic pesticide products competition using loyalty discount programs, through which it offers its distributors considerable lump sums of up to millions of dollars to limit their purchase of generic products. This, in turn, allegedly hurts farmers financially as 90% of them purchase the products from these distributors. The firm continues this practice even after its products’ patents expire. The firm maintains that its practices, because they are not directly price gouging, are not monopolizing nor causing competitors injury. However, the commission and states sufficiently evidence the exact opposite, that the firm has railroaded distributors and consumers, mostly farmers, into having no other choice but to buy its products.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 12, 2024, Case #: 1:22cv828, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Unfair Competition
J. Cogburn grants a mortgage company’s motion to remand this foreclosure case because the homeowner did not file a notice of removal until nearly four months after she was required to do so. Additionally, because all parties reside or are based in North Carolina, diversity jurisdiction cannot be invoked, so the case must return to state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:23cv373, NOS: Foreclosure - Real Property, Categories: Jurisdiction, Banking / Lending, Foreclosure